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Kim v. Carter's Inc.

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ARGUED DECEMBER 2, 2009

Before BAUER, KANNE, and TINDER, Circuit Judges.

Our consumer culture thrives on hunting for the best deal. Wise to this fact, retailers try to lure customers with advertised sales that promise huge savings off the regular price. But the promised savings are false if a store simply recasts its regular price as a discount off some higher, made-up, “suggested” price that no one ever pays. Plaintiffs Su Yeun Kim and Gina Polubinski claim that they were the victims of such deceptive pricing by Carter’s, Inc., a children’s clothing retailer, and have sued Carter’s for damages under Illinois contract and consumer protection law. (Kim and Polubinski actually filed two separate but substantially identical complaints against Carter’s, so we, like the district court, take up their cases together.) The district court dismissed the plaintiffs’ complaint for failure to state a claim, and in this appeal, we accept as true the following facts alleged in the complaint. Sharp Elecs. Corp. v. Metro. Life Ins. Co., 578 F.3d 505, 510 (7th Cir. 2009).

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